Georgia: Elbert County: Will of Thomas Burton 28 January 1853 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: TROY COLQUITT telles@elberton.net ==================================================================== Thomas Burton's Will 1853 Will Book A 1835-1860 Pages 134 & 135 Elbert County, Ga. Georgia ] In the name of God Amen Elbert County ] I Thomas Burton being weak and feeble in body, but of sound & disproving Mind and Memory, do Make ordain and publish this as my last will and testament. First I assign my soul into the hands of God who gave it, and My body to the earth from whence it came, to be buried by My executor. Second It is My will that all My just debts be paid. Third I give to my wife Susan during her life or widowhood, three hundred acres of land including the improvements where I now live, one Negro Man Named Jim twenty one or two years old, one horse( which she is at liberty to select) from my stock, two choice cows and calves, eight head choice stock hogs and Sow and pigs one bed and furniture and two bed steads (she having one bed and furniture of her own) & such portions of the household and kitchen furniture. She may select & desire to keep for her own use, and provisions enough for one years support after a division, one yoke of oxen, and ox wagon and such of the plantation tools as she may select for her own use. Fourth I give and bequeath to My son in law James B. Penn as trustee, for his wife Nancy and her children, one distributive share of My estate. Fifth I give and bequeath to the children of My son Joseph Burton Thomas G. and Frances Ann Rebecca, to be equally between them, (after deducting two hundred and fifty dollars one distributive share of my estate. Sixth I give and bequeath to the children of my daughter Elizabeth dec'd (former wife of Wm. H. Edwards) one distributive share of my estate to be equally divided between them. Seventh I give and bequeath to My son in law Martin White, as trustee for his wife Martha A. and her children one distributive share of My estate. Eighth I give and bequeath to My Son John H. Burton Sixty acres of land beginning at the end of the lane joining P A Wilhite's land thence about a west course to the branch thence down the branch to My line thence to the beginning Corner, but if this boundary should Not contain Sixty acres the line to be extended across the branch so as to include this Number of acres at two dollars and fifty cents an acre $150- and enough of any estate added to this amount to Make one share of My estate. Ninth I give to My son Peter W. Burton Sixty acres of land beginning at the lower line at the branch, on the land where I now live, thence up the big branch far enough to run a line Square out to Eppy W Bonds line to contain this number of acres, at three dollars per acre $150 and enough of My estate added to this amount to Make one share of My estate. Tenth I give to My Son in law Robert W. Crittendon as Trustee for his wife Jane G. and her children one equal share of My estate. Eleventh I give to Son in law John B. Andrew as Trustee for his wife Rhoda H. and her children one share of My estate. Twelfth I give to My son in law Hugh W. Carithers as Trustee for his wife Sarah P. and her children one equal share of My estate. Thirteenth If My sons John H. and Peter W. to whom I have herein willed sixty acres of land each, both or either of them do not wish to take the land at the price, may refute, and receive the Same amount from My estate, and the land herein given to them is to be Sold with the Sale of My estate. Fourteenth It is my will that every thing be and remain on my plantation, and a crop be Made this year by My son Peter W. and My wife. Fifteenth I wish all My estate Not herein willed away be Sold by My Executors and distributed according to the foregoing intent of this instrument. Sixteenth I hereby nominate and appoint My son Peter W. Burton and My friend Ira Christian executors to carry into affect this My last will and testament . In witnesseth where of I have hereto set My hand and seal this 28th Of January 1853 Signed Sealed and Acknowledged before us Eppy W. Bond Oglive T.Wilhite Thos Burton (seal) James W. Bond